MARLUS EDUARDO LOSSO

PhD Graduate

PhD program:: XXXVIII


supervisor: Prof. Stefano Bellomo

Thesis title: Il principio di non discriminazione nel Diritto del Lavoro e il suo allineamento con l'Obiettivo nº 8 dell'Agenda 2030 dell'Organizzazione delle Nazioni Unite per lo Sviluppo Sostenibile

The dignity of the human person is the foundation of life in society. It supports human rights, such as equality, freedom, and life itself. Equality is a prerequisite that should exist in all contexts of relationships between peo-ple. From this perspective, the present work aims to study the alignment of the principle of non-discrimination in Labor Law with Objective nº 08 of the United Nations 2030 Agenda for Sustainable Development, which seeks to promote sustained economic growth, full and productive employment, and decent work for all. For this pur-pose, the research uses a logical-deductive methodology, combining the analysis of specialized bibliography, regulations, specific cases, and jurisprudence. In this vein, the initial part analyzes the forms of discrimination, especially those occurring in the workplace, such as direct and indirect forms, as well as positive and negative forms, in addition to moral harassment as a recognized form of discrimination. Furthermore, discrimination is a crucial factor for inequality, a harmful practice that affects various groups of people who are historically and culturally more vulnerable, such as women, black people, people with disabilities, migrants, young people, and the elderly. In this light, Intersectionality Theory is addressed as a way to demonstrate that the sum of discrimi-natory factors results in more intense negative consequences for the victim than discrimination based on a single factor. Thus, based on these initial concepts, a detailed analysis of the international effort to combat discrimina-tion, especially in the workplace, is presented, examining the role of the United Nations and its specialized agen-cy, the International Labour Organization, with their main documents and regulations, whether voluntary or compulsory, on the topic. Additionally, as a paradigm, the thesis analyzes in detail the regional model of the European Union as an important tool for combating discrimination, through its Resolutions and Directives, in-cluding the most recent ones, as well as the efforts of the Court of Justice of the European Union in this objec-tive, considering that its judgments play a fundamental role in the interpretation and harmonization of commu-nity legislation. Subsequently, special attention is dedicated to the evolution of work in the digital society and the challenges imposed by the indiscriminate use of algorithms and artificial intelligence. The thesis argues that these technologies, while promising and driving an irreversible process of labor transformation, are not neutral and can perpetuate or even amplify existing prejudices and discriminations. To demonstrate how this occurs, an experiment was conducted in the Python language, illustrating how an algorithm for selecting job candidates can favor male workers over female workers. The concept of the "black box" was also addressed, which de-scribes the great difficulty in understanding how the most modern artificial intelligence systems arrive at certain decisions, many of which are laden with discriminatory biases, preventing victims from challenging them and holding those responsible for such technologies accountable. In conclusion, it is observed that, despite the vast normative framework currently in existence and constantly evolving, the reality of the labor market is still far from the ideal of equality. Technological advancement, globalization, and the pursuit of profit have fragmented and precarized work. Therefore, and as the main suggestion of this work, a dialogue with the future is proposed, advocating, among other aspects, that the 2030 Agenda, even without coercive force, should continue to serve as a beacon to guide and orient the development of new regulations. The creation of a unified and transversal international normative framework for the use of artificial intelligence in work is also proposed, which can en-sure transparency and human supervision in automated decisions that impact workers, in addition to strength-ening the role of trade unions and collaboration between governments and companies. Therefore, the final ob-jective is to enable reflection on the importance of technological advancement occurring with respect for human rights, promoting a decent, dignified, and discrimination-free work environment.

Research products

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